Legal Advice

Legal Advice

SUMMARY

The Legal Advice Procedure provides information for staff who wish to seek advice and/or assistance from the General Counsel’s Office.

PROCEDURE

PurposeTo provide information for staff seeking advice and/or assistance from the General Counsel’s Office.

Procedure

This procedure requires actions by the following:

Staff Member

You must contact a University solicitor promptly to allow sufficient time for advice to be given and the work to be scheduled appropriately.

You must include a Legal Instruction Checklist with all requests.

You must provide all relevant documentation, such as the following:
  • a statement of events
  • prior agreement
  • proposed agreement (to be submitted by the other party)

Instructions must be comprehensive to enable the matter to be dealt with in the best interests of the University.

You must obtain prior approval from the General Counsel for the use of an external lawyer.

GENERAL LEGAL ISSUES
When seeking legal assistance, or being involved in a potential legal issue, be aware of the need to:
  • ensure the University can claim legal professional privilege to preserve the confidentiality of the communications
  • maintain confidentiality in all relevant papers and communications.  It may be necessary to mark the documents “confidential”
  • comply with your obligations under State and Federal Privacy Legislation. 
  • All questions regarding privacy are to be directed to the Privacy Contact Officer privacyofficer@mq.edu.au.
  • comply with the Government Information (Public Access) Act 2009  (NSW) and any review and enquiry by the Ombudsman or the Independent Commission Against Corruption (ICAC).
Note that while some communications within the University might have a privilege, generally staff communications may be subject to an action in respect of defamation.
Executive Dean, Head of Department or Head of Office

Receive, consider and where appropriate, approve requests for legal advice from the General Counsel’s Office.

Ensure all relevant documentation is provided with the request.

General Counsel

Create a legal services file for each matter in addition to any administrative file.

Provide legal advice as appropriate.

Procedure Information

Contact OfficerGeneral Counsel
Date Approved17 February 2010
Approval Authority General Counsel
Date of Commencement17 February 2010
Amendment History

16 February 2016 – Added contact email for University Privacy Officer.
13 May 2014 – updated Checklist and Approval Authority
July 2010 – Updated to reference Government Information (Public Access) Act 2009 (NSW)

Date for Next ReviewFebruary 2013
Related Documents

Legal Professional Privilege Guideline
Legal Services Policy
Legal Instruction Checklist
Subpoena Procedure

Legislation
Government Information (Public Access) Act 2009 (NSW)
KeywordsLegal, Advice, Solicitor, Counsel, Professional Privilege

Asset ID = 423115

Back to the top of this page